Bcom 2nd Year The Indian Factories Act
Indian Factories Act 1948
After the independence, the Factories (Amendment) Act bill was introduced in the Legislative Assembly in November 1547, which was passed on 28 August 1948, to improve the welfare of the states and the conditions of workers in India and to give necessary legal protection to small industrial institutions. And on receipt of the approval of the Governor General on 23 December, it was implemented from 1 April 1948. .
The Act has 11 chapters and 119 streams. This applies to the whole of India including Jammu and Kashmir.
Its major provisions are as follows –
(1) Micro scope
The scope of the proposed Act has now been extended more broadly. At this time, this Act applies to all factories where the use of power. In this case 10 or more laborers work and in case of not using power, 20 or more laborers should work. Apart from this, at present the Act is applicable to the whole of India including Jammu and Kashmir.
(2) Approval, licensing and registration of factories.
Earlier there was no such provision in the Factories Act. Under the proposed Act, arrangements have been made for acceptance, licensing and registration of factories. Thus, through this system, the government has established more effective control over factories. Before the establishment of new factories, it is mandatory to submit their plans and layouts.
(3) Decrease in working house
The maximum daily hours of adult workers have been reduced to 9 and weekly hours to 48. But if you work for 5 hours continuously – it is necessary to give rest for hours. The hours of maximum daily work of child laborers have been reduced to 41. A weekly holiday of one day should be given every week.
(4) End of seasonal and none-seasonal type factory –
The distinction between seasonal and perennial factories has been eliminated.
(5) Prohibition of employment of women on night shifts
Women workers will neither be allowed to work in the factories nor will they be allowed to work in the factories from 7 am to 6 pm. They also cannot be employed on tasks such as lifting heavy goods.
Increase in remuneration for surplus time – Double remuneration of normal remuneration for extra time has been arranged.
(7) Amendment of provisions regarding appointment of children.
Under the proposed Act, the minimum income of children has been increased from 1 year to 14 years. Apart from this, only the certifying surgeon can get the child appointed in the factory only after obtaining certificates related to age and qualification. Boys cannot be employed at night. Not only this, now more than 41 hours of work per day cannot be taken from any child.
(8) Annual leave with wages –
Under the presented Factories Act, provisions regarding annual leave including salary have been made more convenient.
For example, a worker who has worked 240 days or more in a calendar year is entitled to leave for one day in the following year for every 20 days of work, including salary. In the case of children, there is a provision of giving a day off for 15 days.
(9) Arrangement for penalty.
Arrangements have also been made to implement the Act fully and punish the culprits. As a result of the amendments made in 1987, the provisions related to punishment have been made more stringent and comprehensive. These include both economic punishment and imprisonment punishment.
(10) Safety for workers –
With the view that accidents are minimal, various safety related provisions have been incorporated to avoid mass loss and damage (Injury) in case of accident. The placement of children, teenagers and adults on dangerous machines has been banned. In factories where 1,000 or more workers are employed, there is a provision to appoint a security officer.
(11) Workers welfare
For the establishment of the welfare state and for its related purposes, the workers’ bathing, washing, resting, baby house, canteen. Provisions have also been kept for this. In addition, if the number of workers employed in the factory is 500. or more, then there is a provision to appoint a full-time labor-welfare officer.
(12) Health failures –
Extensive provisions have been made to protect the health of workers. There is a special provision in relation to adequate lighting, clean air, skylight, artificial moisture, clean drinking water, toilet and bladder, toilet, drainage of dirty materials, environment, garbage collection, etc. in the work rooms. .
The purpose of the provisions is to provide and maintain healthy working conditions in factories. .
(13) Supervision officer –
There are also provisions in relation to the Inspecting Officer and his rights, etc. in the said Act. Apart from this, there are also provisions regarding appointment, rights and duties of the certifier. Due to these provisions, the government has got enough facility to control the factories.
(14) Information given to some sepeified diseases –
At the end of the Act, a schedule is given, in which 17 diseases are mentioned. If any laborer suffers from any of these bhaag, then the manager of the factory has to give its information to the officer concerned.
(15) Special provision in case of hazardous work and accident, etc.
Under the proposed Act, the employment of women, children and adolescent workers has been banned on some of the dangerous works. In the event of an accident, the factory attendant will forward the information to the designated officer. Under the Factories (Amendment) Act, 1987, various duties of the founders of factories which have hazardous processes and polluting the environment have been prescribed and effective control has been established on them.
(Including amendments made so far) is more comprehensive and superior than all previous Factory Acts. But the question before us is whether this Factory Act is sufficient now or it needs more amendment. After meditating deeply on this question, we come to the conclusion that the loopholes still exist in the presented factory act, which will need to be taken in the near future to rectify:
This Act is inadequate, so necessary in-place improvements should be made to make it more functional and effective. There should also be a system of taking more stringent measures against those who violate its provisions. In this regard, definite steps were taken in this direction under the amendments made in 1987. Huh . But in present conditions they are completely inadequate. Our officers make their work only by making laws. They have to change this false mentality. They have to understand clearly that in addition to making laws, they have the same responsibility to implement and get them done. They cannot be relieved of this responsibility.
Effect of Factories Act
(Effect of Factory Act)
The most prominent effect of the above factory act is that the workers are now beginning to understand this Industrial Act / 4 that they too have rights which they can use to improve their condition and make their point heard. On the other hand, fear has also arisen in the mind of the employer that if he has done too much arbitrariness, action can be taken against him by both the workers and the government. After the implementation of the proposed Act, the condition of the country workers and the environment of the factory has steadily improved. There has been an effective ban on arbitrary exploitation by employers and the government has become aware of its obligations to the workers. Undoubtedly, the Act has played a commendable role in improving the working conditions of the workers and in increasing the productivity in the factories.
As per Section 6 and 7 of the Factories Act, 1948, if a person wants to set up a new factory or wants to expand an established factory, then it is mandatory to obtain the approval and registration of such factory. It aims to protect the interests of workers and generate a suitable working environment. ..
Objectives of the provision – The purpose of this provision is to protect the health of the workers and to create suitable working conditions as the factory environment has a direct impact on the workers. If the factory does not have a system of cleaning garbage and other types of filth, then the health of the workers will be deteriorated, which will have a bad effect on their performance. Sections 6 and 7 have been constructed to fulfill this purpose.
Factory Approval, License and Registration
(Approval, Licencing and Registration of a Factory)
The responsibility of granting applications for acceptance, licensing and registration of factories is with the occupier and not the owner of the factory. Yes, if the master is also the occupant, then he / she will have to give the application. Under Section 6 of the Act, the State Government has been given the authority that it can make rules in the following subjects –
(i) To obtain approval in writing from the Chief Inspector about the place where the factory will be established. If the factory is to be expanded, it is still necessary to obtain the approval of the Chief Inspector of State Governments.
(ii) To send a plan, map, specific details etc. of work or expansion along with the application forms for obtaining approval.
(iii) Determining the nature of the above plans and specific details by whom they will be certified.
(vi) Determining which factories license and registration will be mandatory. To fix fees for such registration, license and renewal of license.
(v) Not to grant or renew license unless the written things in Section 7 of the Act are fulfilled.
Acceptance of application
(Approval of Application)
According to Section 6 (2) of the Act, if the State Government or Chief Inspector has duly applied for the establishment of a new factory at any place or in connection with the construction of a factory there, and within 3 months from the date of submission of the application to the applicant If no order is presented, it will be presumed that approval has been received. It is worth mentioning here that the application form should be sent by registered post to the State Government or the Chief Inspector.
Denial of permission
(Appeal in Case of Disapproval)
According to Section 6 (3) of the Act, if the State Government or the Chief Inspector has rejected the application given in connection with the site of the factory or in relation to its construction or expansion or in the ignorance and registration of the factory. The applicant can appeal within 30 days from the date of such rejection. This appeal should be made to the State Government on rejection by the Chief Inspector and to the Central Government if the State Government rejects it.
No need to approve
(No Need of Approval)
In the following cases, expansion of the factory will not be considered.
(i) Replacing a plant or device.
(ii) Installation of any additional plant or equipment within the prescribed limits.
According to an amendment made in 1976. If the factory has been expanded by replacement or augmentation which has no adverse effect on the location or environmental condition of the factory, then there is no need to seek the approval of the Chief Inspector or Government for this expansion.
Information by the occupier
(Information by Occupier)
According to Section 7 of the Factories Act, it is the duty of the head of the factory,
At least 15 days after taking the factory in your possession or using it, send a written notice to the festival inspector regarding the following:
(1) Name and location of the factory.
(2) Name and address of the occupier of the factory.
(3) Name and address of the owner of the building (including the enclosed area).
(4) The address to which all information related to the factory can be sent.
(5) The nature of the construction process which was started in Magavane 12 months before the day of commencement of this Act and in the state of new factories to be run in the factory during the next 12 months.
(6) The nature and quantity of power used.
(7) Name of the manager of the factory.
(8) Probable number of employees to be appointed in the factory.
(9) In the case of the existing factory, of the workers appointed during the last 12 months period. Average Daily Number.
(10) The sum of the total power installed or to be installed in the factory. (11) Other details to be specified.
(Procedure of Information)
According to Section 7 (2) of the Act, in respect of all factories and establishments which come under this Act for the first time, it is the responsibility of the Principal to make the above statement written within 30 days from the date of effect of this Act. Please send it to the Chief Inspector. According to Section 7 (3), if a factory is normally engaged in production for less than 180 days in a year, then it should send all the above information to the Chief Inspector at least 30 days before the start of production process. Will be.
New management notice
(Information regarding New Management)
According to Section 7 (4) of the Act, whenever a new manager is appointed in a new factory, within 7 days of taking over the charge, a written notice of this will have to be sent to the factory inspector and a copy of it to the Chief Inspector. Will be.
According to section 7 (5) of the Act, if a person has not been nominated as the manager of the factory for any period or the person who has been nominated or whoever is in the management of the work, does not do the work of the management of the factory So in such a situation that will go away. If no such person does it, he will be found doing it. The same will be considered as manager. If the memory is found, then from the point of view of this act, the chairman will be considered as the manager of the factory.
Appointment of Inspector or Chief Inspector
(Appointment of the Inspector or Chief Inspector)
Under Section 8 of the Indian Factories Act, 1948, there are the following provisions in respect of the inspectors of inspectors
(1) Appointment of Inspectors –
Under Section 8 (1) of the Indian Factories Act, 1948, the State Government may appoint persons with the prescribed qualifications to be declared inspectors in the Official Gazette and also determine the local limits under which these inspectors are to work. From the above, the following things are clear -.
(a) The state government has the right to appoint an inspector only.
(b) Only persons with prescribed qualifications can be appointed as inspectors.
(c) The state government announces the appointment of inspectors through the State Gazette.
(d) Appointed inspectors work in the area prescribed by the state government.
(2) Appointment of Chief Inspector
According to Section 8 (2) of the Indian Factories Act, 1948, the State Government is also empowered to appoint Chief Inspectors by giving information in the Official Gazette. The Chief Inspector, in addition to the rights given by this Act, also exercises the rights of inspectors in the entire state.
(3) Appointment of Additional, Joint and Dy-Chief Inspectors
As per Section 8 (2-A) of this Act, the State Government by issuing a notification in the Official Gazette appoints any number of Additional Chief Inspectors, Joint Chief Inspectors, Sub-Chief Inspectors and many other officers to assist the Chief Inspector. And may confer powers of Chief Inspector by specifying notification.
(4) Qualifications for Appointment
According to Section 8 (3) of the Act, no person can be appointed on an inspector or chief inspector, directly or indirectly, in a factory. Should have interest in business or any related machine or production activity. Yad is already working in a higher position, and if his direct or indirect interest arises later, he will not have the right to work in that post.
(5) District Magistratc as an Inspector
According to Section 8 (4) of this Act, every District Collector shall be considered as a factory inspector in his district. In other words, it will get all the rights that the Act. Under the control of the factory inspector. His work as an inspector is administrative, not judicial.
(6) Appointment of an Additional Inspector-
As per Section 8 (5) of the Act, the State Government is empowered to appoint any public officer, whom it considers appropriate, to be an Additional Inspector. Determination of the scope of additional inspectors will also be completed by the state government.
(7) Division of rights in more than one inspectors if there is more than one inspector.
According to Section 8 (6) of this Act, if more than one inspector has been appointed in an area, the state government will declare the rights of each inspector in the official gazette. Also, information will be sent to which inspector should be sent.
(8) To be a public servant –
As per Section 8 (7) of the Act, every Chief Inspector and Inspector shall be a public servant under the Indian Penal Code (IPC) and shall be subject to the officer appointed by the State Government.
Rights of inspectors
(Powers of Inspectors)
As per section 9 of the Factories Act, 1948, inspectors have the following rights
(1) Right to Entry in the Factory
Every inspector has the right to enter the area in which he is appointed, along with his colleagues in the area which is used as a factory.
(2) Right to Inspection –
In this regard, the following rights have been given to the inspectors
(i) He should inspect the building, plant etc. ..
(ii) He should submit any assigned registrar or document related to the factory.
(3) Right to clear a Doubt –
If the inspector suspects that some place is being used as a factory, then he can go there and solve his doubts.
(4) Right to take statement
If necessary to fulfill the Act, the inspector can take the statement of any person at home or elsewhere.
(5) Other Rigts
The inspector may also exercise such powers as may be prescribed by the State Government for the fulfillment of the objectives of this Act. But he cannot compel any person to answer such questions and “, Kai can compel him to give such a testimony so that the person himself is held guilty.
Duties of inspectors
(Duties of Inspectors)
An inspector has the following duties:
(1) To discharge the obligations incurred under the Act. (2) Acting as public servant.
(3) To treat everyone fairly and fairly.
(4) To inspect factory, building and other registers from time to time.
(5) To check the adequacy of the facilities and security arrangements etc. provided by the Act for the welfare of workers.
(6) To perform such duties as may be helpful in implementing the objectives of the Act.
(7) To provide technical advice to the establishment and guide them.
It is normal to have accidents with workers while working on the machines in the factory, it is the responsibility of the factory owner to protect the workers from these accidents. Various provisions have been made in the Factories Act, 1948 for the protection of workers. In this act, these provisions have been given from section 21 to section 41.
Which are as follows –
(i) Casing casing of machines means to make looms around the machine to reduce the chance of accident. Power driver as per Section 21. There should be proper facing around the water cycle, conductor cycle, lathe part, power generating device, power transmitter, etc., which will reduce the chance of accident due to running of machines.
(ii) Work on or near Machinery in Motion – According to Section 22, if work is done on or near a moving machine to repair a machine etc., then such measures should be taken shelter there So that there is no possibility of any worker going to the accidental area. No child or woman laborer will be allowed to clean the running machine. The State Government has the right to issue an order to the effect that the machine cannot be cleaned or put oil in its condition.
(iii) Prohibition of employment of women and young persons on dangerous machines Be ignorant of the events that occur when the person is not trained to operate such machines; Working under the protection of someone who has complete knowledge about the machine. The state government can take such a decision regarding any type of machine. According to Section 27, no woman or child laborer should be allowed to pass between two working machines
(4) Devices for cutting off Powers – According to Section 24, this provision will be applicable at the same place of the workshop where electricity is used as power. If the machines are run by electricity, that is, their stopping is beyond man-power, then there should be a proper and quick means of shutting down the power so that the chances of accidents are minimized.
(5) Movement of Automatic and Revolving Machines – According to Section 25, the automatic machine shall be kept 18 inches away from the working place. According to Section 30, the rotating machine will be installed in such a place where maximum safety of workers can be possible.
(6) Casing of new machinery. – According to Section 26, if a new machine is installed after April 1949, then it has to be seen that each of its bolts is well tuned, so that the probability of accident is minimized. Ho . Similarly, the teeth of such machines, which are kept in a fixed position, should be properly fenced.
(7) Hoists, Lifts and Cranes – According to Section 28, each hoist and lift must be properly constructed. That is, it should be good in terms of making machines, good stuff has been used in it. According to Section 29, all parts of cranes and lifting equipment must be properly constructed, checked at least once a year by an instrument specialist and not loaded in addition to the fixed weight prescribed thereon.
(8) Use of Pressure Plants – According to Section 31, in the factories where the pressing machines are used, care should be taken that the pressure does not exceed the safe limit. The state government can make rules and fix security measures.
(9) Floor, stairs and means of access – According to Section 32, all floors, stairs and paths of entry shall be properly constructed. Hand grippers (I land drails) will be made on the route. As far as possible, there will be a proper route to the place of work. According to Section 33, if such ornaments have been placed somewhere between the floor, in which items etc. are kept, they should be in such a way that they are not proved in the way.
(10) Excessive Weight – According to section 34, no person shall bear so much burden that it will have a bad effect on his health. The state government, through its provisions, can determine the maximum burden of carrying by adult persons, workers and child laborers and may also determine the method of carrying it.
(11) Protection of Eyes – According to Section 35, if there is a possibility of damage to the eyes of the workers in the construction work or if there is a possibility of weakening the eyes due to excess glare, then effective curtains and colored for the protection of the eyes Glasses etc. should be arranged.
(12) Safety against dangerous fumes etc. – According to Section 36, entry of workers etc. in the factory should be prohibited from the place where there are closed rooms, pits or chimneys from all around which bad health of workers. Do not get affected and their lungs do not get spoiled. Such places should not carry more than 24 volts of electricity and if there is a possibility of fire, it should not be allowed to carry lamps etc. According to Section 37, where the flare gas is used, every such method will be used so that there is no possibility of gas flaring or fire burning.
(13) Precautions against fire: Precautions against fire are likely to occur in the factories, which threatens life and property. To avoid this type of accidents-
(i) All those orders should be followed in every factory in a functional manner so that workers’ rescue can be possible in the event of fire.
(ii) In the factory in a critical situation, the routes to go out are suitable. They should be clearly marked “Exit” with red color and locks etc. should not be used or the doors should not be tightened so much that they cannot open at the time of objection, as far as possible these doors are outward There should be openers.
(iii) In addition to windows, doors and outbound routes, which are beneficial to avoid, they will be made clear by any sign, so that most of the workers can be saved.
(iv) In order to warn workers in case of fire, an easily heard sound should be used.
(v) Every laborer should have an open passage to escape from the place of work.
(vi) Proper arrangements should be made to run away in the event of fire, especially in a factory where more than 20 persons work on the first floor or where explosive substances are kept. There should be a system of fire extinguishers at every place. The state government can order the manufacturer for such specific machines.
(14) Safety from building and machinery, etc. – According to Section 40, if the Chief Inspector is convinced that any part of the building or building, machine or any part of the machine In such a situation, which can be dangerous for the safety and life of the students, he can give a notice to the manager that till this situation is not done or its repair etc. should be done within the prescribed time.
(15) Provision of additional rule (Power to make Rule) – According to Section 41, the State Government has the right under this Act to formulate necessary additional rules about the factory independently.
(16) Restrictions on the appointment of children with cotton pouring machines – According to Section 27 for the work of pressing cotton to any woman or balank in any part of the factory where the cotton pouring machine is running. Cannot be appointed
(17) Lifting Machines – According to Section 29, the cranes and other productive machines in the factory should be well-made, ‘powerful enough’ and complete damage free of defects and should be checked once in a year by a qualified person. Should be taken
(18) Revolving Machinery – According to Section 30, in every room of a factory in which grinding work is done, there should be information about the maximum speed limit.
(19) Pits, Hoses Floors, Poles, etc. Or Opening of floors, which is a danger due to the depth, texture and condition, must be securely covered or fully enclosed. The state government can make any rules in this regard.
(20) Precaution in case of firc- According to section 38, every factory should have an efficient system of rescue in case of fire.
(21) Power to examine specifications of defective parts or tests of stability – As per section 39, if the inspector is of the opinion that a building or any part or passage thereof is not suitable for human life or safety. If so, he can order that insecurity be removed.